(a) For the purpose of the enforcement of article 17 of the Agriculture and Markets Law, and except where in conflict with the statutes of this State or with rules and regulations promulgated by the commissioner, the commissioner hereby adopts the current Federal regulation as it appears in title 21 of the Code of Federal Regulations, part 105 (revised as of April 1, 2013 U.S. Government Printing Office, Washington, DC 20402), at pages 184-186, entitled Foods for Special Dietary Use, establishing definitions and labeling requirements for food intended to meet special dietetic needs.

(b) Copies of these regulations, as published in title 21 of the Code of Federal Regulations, are maintained in a file at the Department of Agriculture and Markets, Division of Food Safety and Inspection, 10B Airline Drive, Albany, NY 12235, and at the Department of State, 99 Washington Avenue, Suite 650, Albany, NY 12231, and are available for public inspection and copying during regular business hours.